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Association for Democratic Reforms (ADR) and Karnataka Election Watch

Association for Democratic Reforms (ADR) and Karnataka Election Watch have analysed the affidavits of 219 sitting MLAs from Karnataka Assembly 2018. Out of these 219 MLAs, there are 32 MLAs (15%) against whom charges have been framed by the court for offences falling under Section 8(1) (2) & (3) of the R.P Act, 1951. This report analyses:

  1. The number of MLAs with criminal cases which fall under Section 8(1) of the RP Act who will be disqualified, if convicted
  1. The number of MLAs with criminal cases which fall under Section 8(2) of the RP Act and who will be disqualified, if they are convicted with a punishment of not less than 6 months,
  1. The number of MLAs with criminal cases which fall under Section 8(3) of the RP Act who will be disqualified, if they are convicted with a punishment of not less than 2 years.

For the complete reports in English and Hindi, please see: https://adrindia.org/content/analysis-sitting-mlas-against-whom-charges-have-been-framed-court-offences-falling-under-1

About Section 8(1), (2) & (3) of RP Act, 1951:

Section 8 of the Representation of People Act, 1951 lays down disqualifications for persons being chosen as, and for being, a ‘Member of either House of Parliament’ as well as a ‘Member of the Legislative Assembly or Legislative Council’ of the State. Sub-sections (1), (2) and (3) of Section 8 of the Act provide that a person convicted of an offence mentioned in any of these sub-sections shall stand disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his/her release. 

The offences listed under Section 8 (1), (2) & (3) are serious/grave/heinous in nature and cover offences under Indian Penal Code, 1860 (IPC) such as murder, rape, dacoity, robbery, kidnapping, crimes against women, bribery, undue influence, enmity between different groups on ground of religion, race, language, place of birth. It also covers offences relating to corruption and money laundering, offences relating to production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance, offences relating to FERA, 1973, offences relating to hoarding and profiteering, adulteration of food and drugs, dowry etc. In addition, Section 8 also covers all the offences where a person is convicted and sentenced to imprisonment for not less than two years.


Summary and Highlights
    

Party Wise MLAs who have declared criminal cases where the charges have been framed under Section 8(1) (2) & (3) of the R.P Act,1951

  • There are a total of 32 MLAs who have declared criminal cases where the charges have been framed under Section 8(1) (2) & (3) of the R.P Act,1951.
  • Among parties, BJP has the highest number of MLAs i.e. 22, followed by INC with 5, JD(S) with 4 and 1 Independent MLA who has declared criminal cases where the charges have been framed under Section 8(1) (2) & (3) of the R.P Act, 1951.

                                                                                                                                     

Figure: Party Wise Number of MLAs against whom charges have been framed by the court for offences falling under Section 8(1) (2) & (3) of the R.P Act, 1951.

Analysis of Pending Criminal Cases of MLAs who have declared criminal cases where the charges have been framed under Section 8(1) (2) & (3) of the R.P Act,1951

As per details of criminal cases declared in the self sworn affidavits submitted by the MLAs while contesting Karnataka assembly elections in 2018 and bye-elections held thereafter, pendency in respect of criminal cases where charges have been framed under Sec 8 (1), (2), (3) is shown below. However, it may be pointed out that the status of these cases may have undergone a change over the years for some MLAs. The exact current status will be known only in respect of MLAs who decide to re-contest in the Karnataka Assembly elections 2023, after they file their nomination papers.

  1. The average number of years that criminal cases against 32 MLAs have been pending is 5 years.
  2. 6 MLAs have a total of criminal cases pending against them for ten years or more.

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